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RFE for Mother's I130. NAME DIFFERENCE.

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  • RFE for Mother's I130. NAME DIFFERENCE.

    RFE For Mother for I-130. (NAME DIFFERENCE)

    I am a US Citizen and applied for my mother's I-130 back in September 2009 along with a copy of my Birth Certificate from India. Unfortunately, my Birth Certificate that I submitted had my mother's name misspelled as "zohra" (it is written with lowercase running handwriting by the Clerk at the Mumbai Municipality and is a 35 year old document).
    But her real name (as listed on her passpport and her Birth Certificate) is Zehrakhatoon and thats what I put on the I130 application.

    The RFE states:
    NAME DIFFERENCE: Submit documentary evidence to establish that Zohra and Zehrakhatoon are the same person. The most persuasive evidence is photo identification in each name. If the last name is different due to a marriage, submit the marriage certificate. Note: Affidavits will not be considered primary evidence.

    Do i need an attorney to handle this further?
    My Indian Passport (which is now Cancelled since I acquired US Citizenship) has my mother's name listed as "Zehra".
    My OCI (overseas citizen of india) document - which i acquired after becoming a US citizen has her name listed correctly as "Zehrakhatoon".

    Note that "Zehra" is a short form of "Zehrakhatoon"...since "Khatoon" just means lady in Arabic...kinda like an honorific title.
    But I don't have any other document (other than my Birth Certificate) where her name has been misspelled as "zohra" (notice the "o" as opposed to the "e")

    Any guidance/advice would be highly appreciated.

  • #2
    definitely no lawyer unless you have much to waste. Lawyers do not more documetations that you do. I had the same issue years back when I applied for my GC. My parents name are misspelled in G532 form and that triggered the rfe. What I did is my parent's passport, and as much as other documentations you can provide. It was easy.


    • #3
      Could you get a reissued birth certificate, with the correct name fully spelled out? Or with "Zehra" instead of "Zohra"?

      EB3 ROW I-485 Approved: July 2007
      USC: July 2013
      I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.


      • #4
        I was able to procure a Birth Cert with name spelled as "Zehra". How do I explain the "khatoon" issue though?
        Can I get a print out from wikipedia educating that khatoon really just mean "lady"?


        • #5
          I would submit an affidavit mentioning that Zohra has been a spelling mistake by your mom, your mom's relatives, get a certificate of non-availability of birth certificate in the name of Zehrakhatoon, and then add documentation such as: ration card, tax id card in india, any educational certificates, etc.

          If all the added documentation has also zehra name, then instead of non-availability of birth certificate, produce the birth certificate with the zehra name, explain it (the wiki stuff) in the affidavits by your mom and relatives, and attach the added documentation.

          Originally posted by mspcitizen View Post
          I was able to procure a Birth Cert with name spelled as "Zehra". How do I explain the "khatoon" issue though?
          Can I get a print out from wikipedia educating that khatoon really just mean "lady"?
          AOS through US Citizen spouse
          11/06/09: Packet sent (I-130, I-485, I-864, I-765)
          11/22/09: NOAs received (dated 11/17/09), cases online
          11/26/09: Received FP letter for 12/15/09
          12/02/09: Walk in FP done, No touch what so ever after that
          12/21/09: IL received for 01/22/10
          01/06/09: AP, EAD Approved Email
          01/12/10: AP Received
          01/14/10: EAD Received
          01/22/10: Interview Approved/Card Ordered
          02/01/10: GC received/welcome letter


          • #6
            guys i'm in a similar predicament. i filed i-130 for both parents and my mom got accepted right away. but for my dad they sent me an rfe becuase the BC has the name spelled differently.
            i applied as Aqdas Muneer-------> but BC has Aqdas Munir
            applied for dad Mohammad Muneer----------> but BC states it as Muhammad Munir
            so i have two options either try to explain the issues being that different ppl spell it differently in those countries. i can provide my dad's old passport which has the name matching the BC and new passport which matches the actual name. but for me i have no such evidence. another option i have is to have the BC re-translated from Arabic to English with the proper spelling. but i'm afraid that they might not accept the new BC. please let me know what i should do and what supporting documents i should send in either scenario.
            thanks for your help in advance